Operating Under the Influence of Alcohol, Third Offense; Orleans District Court; Commonwealth v. Z.A.; October 19, 2023 

Dennis Police officers were dispatched to investigate a reported motor vehicle crash. Upon arrival, the officers observed the Defendant seated inside of the driver's seat of the heavily damaged motor vehicle. It was clear from the roadway evidence that the Defendant was traveling at a high rate of speed, lost control of his vehicle, and crashed through a fence and into the yard of a residence. The Defendant acknowledged that he had consumed a few whiskey drinks and presented to the officers with an odor of alcohol and slow, slurred speech. In addition, the Defendant was unsteady on his feet and appeared to nod off while interacting with the officers. Ultimately the officers formed the opinion the Defendant was under the influence of alcohol and called rescue to transport him to the hospital for treatment. The Commonwealth (the prosecution) obtained the Defendant's medical records from that night and introduced them at trial to (unsuccessfully) bolster the opinion of the arresting officers. 

Notwithstanding all of the above, the Commonwealth was unable to meet the heavy standard of proof beyond a reasonable doubt and the Defendant was found Not Guilty after trial.

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